Legal Question in Family Law in California
In our divorce decree, it states that I owe a certain amount to my ex-wife for keeping my home. I need to complete a promissory note, but it is not stated in the divorce decree when I have to pay this by. My ex and I have a good relationship and it was agreed between us that when my refinance is final, I will pay her the money. I need this document to get the refinance through which is pending this document. Is it legal to put as the date, "at close of escrow" or should I put an actual date? Also, as I have read the other comments listed, it doesn't need to be notarized or witnessed? Thanks for your help on this.
1 Answer from Attorneys
The phrase you are looking for is "due on sale" of the subject property. As for notary and witnesses, as between you and your ex there is no need for either for the note to be binding. Your lender, however, may not like an un-notarized note. Pretty much any bank, UPS Store or FedEx Office location will have a notary and it costs very little. So just get it notarized is my recommendation.
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